Facts
Architectural firm [A. AG] is the owner of two adjacent properties in the city of Bülach. These properties were rezoned in 1996 from Preservation Zone Type C (Master Plan Designation: Special Recreational Area for Sports Facilities/Outdoor Pool) to the Special Recreational Zone EC III (Family Garden Area). Architectural firm [A. AG] subsequently filed compensation claims for material expropriation. However, the Appraisal Commission and the Administrative Court of Zurich denied the City of Bülach's obligation to pay compensation.Considerations
The Federal Supreme Court overturns the judgment of the Administrative Court and remands the case for re-evaluation to the Appraisal Commission. It finds that the rezoning from the Preservation Zone to the Recreational Zone for Family Gardens should be assessed as a downzoning, not merely as a non-designation. In this case, a significant property right was taken from the landowner, so the intervention cannot be considered negligible, and an obligation to pay compensation for material expropriation should be considered. The Federal Supreme Court criticizes that the cantonal instances have not conducted a coherent market value assessment for the time before and after the rezoning.…